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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B.PUGALENDHI
P. Kamalanathan – Appellant
Versus
Director General of Prisons and Correctional Services, Trichy Range – Respondent
| Table of Content |
|---|
| 1. petitioner suspended due to criminal charges (Para 1 , 2) |
| 2. court considers precedent on departmental proceedings (Para 3) |
| 3. court reviews submissions and evidence (Para 4) |
| 4. simultaneous proceedings permitted in law (Para 5 , 6 , 7 , 8) |
| 5. dismissal of writ petition with directives (Para 9) |
ORDER :
The petitioner, who is working as a Grade I warder at Vellore was placed under suspension and he has also been issued with a charge memo by the order impugned in this writ petition that he, along with his wife, have involved in a criminal case in Crime No.815 of 2022. The petitioner has challenged the charge memo on the ground that the charge memo is nothing but a verbatim of the First Information report, which is still under the investigation.
3.The learned counsel for the petitioner by relying on the following judgments
ii. SBI and others Vs. R.B.Sharma , reported in 2004 (7) SCC 27 .
iv. P.Ravikumar Vs. the Deputy General Manager , reported in 2011 SCC online Mad 2179
4.This Court considered the rival submissions made and also perused the materials placed on record.
5. Insofar as the petitioner's plea is concerned, there is no legal bar for simultaneous conduct of departme
Simultaneous departmental and criminal proceedings are permitted; acquittal in criminal trials does not prevent disciplinary action based on different standards of proof.
The Tribunal concluded that simultaneous criminal and departmental proceedings can proceed only if they do not prejudice the applicant's defense, deferring the latter pending the conclusion of the fo....
The main legal point established in the judgment is that departmental proceedings can be conducted simultaneously with criminal trials, except in cases where the defence of the employee in the crimin....
Simultaneous departmental and criminal proceedings are permitted; however, the former should typically be stayed if both are based on identical facts to avoid prejudice to the accused's defense.
While criminal case is registered under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966 which involves theft of Railway property, disciplinary proceeding is upon charges of gross neg....
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